Tenant owes me back rent from Oct and November. Told me he’s moving out by end of Dec. I plan to sue him in small claims court for the back rent. Should I play save and go through the eviction process? I already gave him Pay or Quit Notice. Can one go through eviction and small claims court process at the same time? What would be a better way? Thanks.
Rent Back
Evict him. He told you he would pay rent and IF he leaves end of December he will owe you three months rent. You will probably get a judgment in Small Claims Court but then you have to chase him to collect!
He will continue to stiff you for rent as long as you permit him to stay.
Comment by homegirl — November 29, 2009 @ 11:22 pm
Let him go quietly and be happy he does not destroy the place.
YOU made a fortune, why screw the little guy even more ?
HAVE A HEART !
Comment by Free and equal — December 2, 2009 @ 4:44 pm
you should seek the advice of a legal professional familiar with your specific situation for proper advice in this matter.
personally I would go ahead with the eviction. in the event of having to sue for back rent you would be able to show your intent to collect rent. If you let them stay you may be subject to the “we thought she was being nice and letting us stay for free since she never kicked us out” defense. Your actions mean everything.
you should seek the advice of a legal professional familiar with your specific situation for proper advice in this matter.
Comment by jimmy dean — December 3, 2009 @ 9:25 am
You are wasting you time with the eviction, and it will cost you money that you may possibly never recover.
Just let the guy move out, keep a tab of what he owes and then sue him in small claims and get a judgement. You don’t need to waste money on an attorney…I don’t, and I don’t lose my cases…just take the lease with you to court along with the financial records. That’s all you need.
The eviction process will take a MINIMUM of 60 days, and by the time you get your date, he would have already moved out…that is why it’s a waste of time.
Pay or quit notices are WORTHLESS because you still have to go through the court process for a formal eviction.
I just send a 30-day eviction notice, and then at the end of the 30-days, if they are not out, I file straight with the court…I don’t send my tenant another notice.
Comment by Mary B — December 6, 2009 @ 6:42 am
the glories of being a landlord…………….
you can go to small claims court and possibly win a judgment but guarantee they own nothing and are probably pretty much judgment proof. Can not get blood from a stone.
Be happy they just move peacefully and do not rip all the walls out and steal all the appliances
Comment by loslunas87031 — December 7, 2009 @ 7:09 am
Evict.
He can tell you anything he wants, but you have no guaratee that he will leave.
If you do not file for eviction now, and he doesn’t leave, you will be out more rent money and lost time in the eviction process.
Get him out and then worry about the rent.
An eviction will hurt his chances of finding a decent rental for many years.
Once he’s gone, file in Small Claims for the rent and get that judgment. Judgments last for many years and can be renewed, in some states up to 20 years.
The judgment will ruin his credit. Some day he may want to purchase a house or car and he will have to clear up that judgment and pay your before doing so.
There are also other ways to collect a judgment - wage or bank account garnishment, liens, collections.
Comment by Trouble — December 8, 2009 @ 12:12 pm